IN THE HIGH COURT OF DELHI
Jasmeet Singh, J.
Sarbesh Bhattacharjee (Dr.) - Appellant
Versus
State NCT of Delhi - Respondent
W.P.(Crl.) 781 of 2021, W.P.(Crl.) 785 of 2021 & Crl.M.A. 5717 of 2021 and W.P.(Crl.) 786 of 2021 & Crl.M.A. 5719 of 2021
Decided On : 14-10-2022
Delay in Investigation and Filing of Chargesheet - Quashing of FIRs
Fact of the Case:
The petitioner, a medical officer, sought quashing of FIRs registered under the Prevention of Corruption Act, 1988 and Indian Penal Code. The FIRs emanated from a tender inquiry relating to the procurement of medical equipment. The petitioner was suspended from service, and subsequent to filing a contempt petition, multiple FIRs were registered against him. The investigation was prolonged for over 10 years, and the chargesheet was still pending before the competent authority for sanction.
Finding of the Court:
The court found that the delay in investigation and filing of chargesheet was not attributable to the petitioner. It recognized the petitioner's right to speedy investigation and trial under Article 21 of the Constitution. The court noted the abuse of process of law and the inordinate delay in concluding the investigation after the filing of the writ petitions. Consequently, the court quashed the FIRs on account of the delay in investigation and filing of chargesheet.
Issues: The main issue was the delay in investigation and filing of chargesheet, leading to the abuse of process of law and violation of the petitioner's right to speedy trial.
Ratio Decidendi: The court emphasized the petitioner's right to speedy investigation and trial, as recognized under Article 21 of the Constitution. It held that the delay in investigation should not be attributable to the petitioner and should be justified by the prosecuting agency. The court also considered the abuse of process of law and the serious prejudice that would be caused to the petitioner if trial were to be conducted after a decade of filing the FIRs.
Final Decision: The court quashed the FIRs on account of the delay in investigation and filing of chargesheet, and allowed the writ petitions.
JUDGMENT
Jasmeet Singh, J. These are writ petitions which are being disposed of by a common order.
2. The petitioner in the above writ petitions has sought quashing of the following FIRs:
a. FIR No. 01/2012 dated 10.01.2012 registered at PS Anti Corruption Branch under Section 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (hereinafter "PC Act") and Section 420/120B Indian Penal Code, 1860 (hereinafter "IPC") and proceedings emanating therefrom in W.P.(CRL) 786/2021;
b. FIR No. 02/2012 dated 10.01.2012 registered at PS Anti Corruption Branch under Section 13(1)(d)/13(2) of the PC Act and Section 420/468/471/120B IPC and proceedings emanating therefrom in W.P.(CRL) 781/2021;
c. FIR No. 04/2013 dated 16.02.2013 registered at PS Anti Corruption Branch under Section 13(1)(d)/13(2) of the PC Act and Section 420/468/471/120B IPC and proceedings emanating therefrom in W.P.(CRL) 785/2021.
3. The factual matrix of the case as per the petitioner is as under:
a. The Petitioner had a career of around 36 years as a medical officer under the Govt. of Arunachal Pradesh, the Assam Rifles, and finally the Central Govt. Health Services.
b. The petitioner was transferred to Delhi Government and was posted as Director, Health Services ("DHS") on 26.08.2009. Subsequently, he was posted as Medical Superintendent, Deen Dayal Upadhyay (DDU) Hospital on 10.03.2011 and was to retire on 31.01.2012 on attaining superannuation.
c. The petitioner was suspended from service on 02.11.2011, just 3 months prior to his date of retirement. Being aggrieved by the suspension, the petitioner filed an Original Application No. 4087/2011 before the Central Administrative Tribunal (CAT), Principal Bench, New Delhi. Vide order dated 23.12.2011, the learned CAT was pleased to quash and set aside the suspension orders dated 02.11.2011 and 28.11.2011.
d. Since the order dated 23.12.2011 was not implemented and the retirement dated of the petitioner was approaching on 31.01.2012, the petitioner filed a Contempt Petition No. 06/2012 titled `Dr. Sarbesh Bhattacharjee v. Sh. Anshu Prakash & Ors.' before the learned CAT.
e. Thereafter, the FIR No. 01/2012 and impugned FIR No. 02/2012 were filed against the petitioner on the same date i.e., 10.01.2012.
f. Following are the FIRs registered against the petitioner:
| FIR Details | Date |
| FIR No. 01/2012 registered at PS Anti Corruption Branch under Section 13(1)(d)/13(2) of PC Act and Section 420/120B IPC | 10.01.2012 |
| FIR No. 02/2012 registered at PS Anti Corruption Branch under Section 13(1)(d)/13(2) of PC Act r/w section 420/468/471/120B IPC | 10.01.2012 |
| FIR No. 04/2013 registered at PS Anti Corruption Branch under Section 13(1)(d)/13(2) of PC Act and Section 420/468/471/120B IPC | 16.02.2013 |
| RC/DAI/2014/A/0036 P.S. ACB under Section 13(1)(d)/13(2) of the PC Act read with Section 420/468/471/120B IPC | 22.08.2014 |
g. All the above-mentioned FIRs emanate from the same tender inquiry No. 2/DHS/CPA/2009 relating to the procurement of different medical equipment.
h. As far as the order dated 23.12.2011 of CAT is concerned, the same was challenged by the Department of Family Health and Welfare preferred W.P.(C.) No. 249/2012 titled `Department of Health and Family Welfare v. Dr. Sarbesh Bhattacharjee & Ors.' and the operation of the order dated 23.12.2011 was stayed.
i. Hence, on 06.02.2012, the learned CAT was pleased to close the contempt matter with liberty to the petitioner to revive the Contempt Petition if the occasion so arose.
j. Thereafter, the petitioner has been repeatedly called for investigation and he has been cooperating with the investigating agencies.
k. The petitioner has been granted bail in the FIR No. 01/2012 on 01.06.2012. The petitioner was granted interim protection in the FIR No. 02/2012 on 04.01.2013 and thereafter anticipatory bail on 23.01.2013. On 17.07.2013, the order of 23.01.2013 was made absolute. On 20.05.2013, the petitioner was granted interim protection was in FIR No. 04/2013. He was further granted anticipatory bail vide ord

The right to speedy investigation and trial, as recognized under Article 21 of the Constitution, should be upheld, and the delay in investigation should not be attributable to the accused.
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
The absence of prior sanction for prosecution and inordinate delay in proceedings violate the right to a speedy trial, rendering the case against the petitioner unsustainable.
The judgment established the principle that a second FIR for the same cause may not be permissible if the incidents could have been investigated in the first FIR, and that the abuse of power by the I....
The court established that allegations of corruption must be supported by substantial evidence, and that mechanical or arbitrary actions by investigative authorities do not suffice to implicate indiv....
The power to quash a criminal proceeding should be exercised sparingly and with caution, and there must be factual supporting material in the FIR to fasten the accused with criminal liability.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.